OHS Act Changes - albertaforestproducts.ca

OHS System Changes Bill 30: An Act to Protect the Health and Well-Being of Working Albertans Disclaimer AFPA has attempted to identify key changes in the legislation with the help of materials provided by Alberta Labour. In the event of a discrepancy between information found anywhere in this presentation and Alberta OHS legislation, the legislation is considered correct. AFPA would like to thank Alberta Labour for providing materials to help clarify changes in the Alberta Occupational Health and Safety Act, Regulation and Code. Whats changed? Anything new will be highlighted as follows: *new

Key Concepts in Canadian OHS Law Internal Responsibility Everyone in the workplace is responsible for OHS Employers have the greatest degree of control and authority, therefore the most responsibility Workers and all other parties also have responsibility Internal monitoring by HSCs or health and safety representatives External monitoring and enforcement by government

3 Fundamental Rights of Workers Right to know Right to participate Right to refuse dangerous work Purpose of the OHS Act *New Promote / maintain the physical, psychological and social wellbeing of workers Prevent workplace incidents, injuries, illness and disease Protect workers from conditions adverse to their health and safety Protect worker rights to:

Know about health and safety hazards Participate in OHS Refuse dangerous work, and Exercise their OHS rights and fulfill their duties without fear of reprisal (i.e. discriminatory action) Worker Rights 1. Right to know 2. Right to participate in workplace health and safety 3. Right to refuse dangerous work 1. Right to Know All employers must inform workers about potential hazards and provide access to basic health and safety information on site 2. Right to Participate Employers must provide workers with opportunities for

involvement in health and safety discussions, including participation in health and safety committees 2. Right to Refuse Workers may refuse to do work where they believe, on reasonable grounds, it is dangerous to them or others *new The worker must promptly report the refusal to the supervisor or employer If a supervisor/employer cannot remedy the issue immediately, they must inspect the dangerous condition with the refusing worker and a member of the HSC or HS representative to resolve the issue and/or remedy the danger *new If still not resolved, it may be referred to an OHS officer for resolution No loss of pay or benefits for workers exercising their right to refuse *new Another worker may be assigned the work if 1. they are advised of the refusal, 2. the reason for the refusal, and 3. advised of their right to refuse *new Worker Protection from

Discriminatory Action Discriminatory Action* any action (threat of action*) by any person that would negatively affect a workers employment or opportunity for promotion (includes: termination, layoff, suspension, demotion or transfer of a worker, discontinuation of job, change of job location, reduction of wages, change of hours, reprimand, coercion, intimidation or imposition of discipline or penalty) *new No person may take any discriminatory action against a worker for fulfilling their duties under legislation or exercising their OHS rights Discriminatory action complaints are referred to OHS officers, who investigate and resolve complaints Onus is on the employer to show action taken against a worker was for reasons other than fulfilling an OHS duty or responsibility *new work site Parties

Employers Supervisors *New Workers Suppliers Service Providers *New Owners *New Contractors Prime Contractor Self-Employer Persons *New Temporary Staffing Agencies *New

Employer Responsibility Ensure health, safety and welfare of workers [and other persons at the work site] Ensure workers are aware of OHS rights and duties Ensure workers are not subjected to or participate in harassment or violence *new Ensure workers have competent supervision *new Ensure workers are properly trained Consult/cooperate with HSC or HS representative and resolve issues in a timely manner *new Ensure prime contractor is advised of names of supervisors *new Cooperate with any person exercising their duty under the legislation

Comply with legislation Supervisor Responsibility *New Ensure they are competent to supervise workers Take all precautions to protect worker health and safety Ensure workers work in accordance with the legislation Ensure workers use hazard controls and personal protective equipment Ensure workers are not subjected to or participate in harassment or violence Advise workers of all known or reasonably foreseeable hazards Report OHS concerns Cooperate with any person exercising their duty under the legislation Comply with legislation Worker Responsibility Take reasonable care to protect their own health and safety and that of others at the work site Cooperate with supervisor, employer, or any other person to protect their health and safety

Use safety devices and wear personal protective equipment Refrain from causing or participating in harassment or violence *new Report OHS concerns Cooperate with any person exercising their duty under the legislation Comply with legislation Supplier Responsibility Ensure products and equipment comply with the legislation Ensure products and equipment supplied are safe when used according to manufacturer specifications (includes leased equipment) *new Maintain equipment in safe condition *new

Provide notice when their product or equipment does not comply with legislation *new Cooperate with any person exercising their duty under the legislation Comply with legislation Service Provider Responsibility *New Ensure a service provided to help a person meet an obligation under OHS legislation, achieves that objective Ensure the service complies with OHS legislation

Ensure the service is provided by a competent worker Ensure the service does not create a hazard to others on the work site Cooperate with any person exercising their duty under the legislation Comply with legislation Owners (Land or work site) *New Excludes a private residence unless the business is located there Ensure property and premises under their control do not endanger health and safety Cooperate with any person exercising their duty under the legislation Comply with legislation Contractor Responsibility Ensure the work site and work processes under their control do not endanger health and safety *new

Advise the prime contractor of the names of employers or self-employed persons working under the direction of the contractor *new Cooperate with any person exercising their duty under the legislation Comply with legislation Prime Contractor Responsibility Construction/oil & gas work sites (or site designated by a Director) with 2 or more employers or selfemployed persons must: *new Establish a system to ensure compliance with legislation Co-ordinate, organize and oversee work to ensure health and safety of workers and others Ensure their own activities do not create a hazard to the health and safety of others *new Consult and cooperate with the HSC or health and safety representative*new Coordinate health & safety programs of employers and selfemployed persons on the

work site *new Cooperate with any person exercising their duty under the legislation Comply with legislation Other work sites do NOT require a PRIME CONTRACTOR unless designated by a Director. Co-ordination of activities is required when Self-Employed Person Responsibility *New Conduct their work in a way that protects them and others from health and safety hazards Advise prime contractor that they are working on the project

Report OHS concerns Cooperate with any person exercising their duty under the legislation Comply with legislation Temp. Staffing Agency Responsibility *New Ensure workers assigned to another employer are suitable for the work Ensure worker is equipped or will be equipped with necessary personal protective equipment Ensure the other employer is capable of protecting the health and safety of the workers Cooperate with any person exercising their duty under the legislation Comply with legislation Changes to OHS Regulation re: Work Site Parties *New The Act introduced supervisor as a work site party

Requirements for use pf PPE should align with roles and responsibilities in the new OHS Act If a worker must use or wear specific equipment, the employer and supervisor must ensure that they do so This is a ticketing provision, employers and supervisors could receive OHS violation tickets for non-compliance Harassment Defined *New Harassment Defined Any single/repeated incident of objectionable or unwelcome conduct, comment, bullying or action that causes offence or humiliation to a worker, or adversely affects the workers health and safety

Harassment includes: Conduct, comment, bullying or action because of race, religious beliefs, colour, physical/mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity/expression, sexual orientation and sexual solicitations or advance Harassment excludes: Any reasonable conduct or an employee or supervisor in respect of their management of the workers or work site Violence Violence Defined

Domestic Violence *new Threatened, attempted or The employer must take actual conduct of a person that causes or is likely to cause physical [*or psychological] injury [*or harm, and includes domestic or sexual violence]*new every reasonable precaution to protect workers and any other persons at the work site likely to be affected by

domestic violence that comes into the workplace Violence and Harassment Prevention Plans *New Employers must develop and implement violence and harassment prevention plans Plans must be developed in consultation with their Health and Safety Committee (HSC), Health and Safety (HS) representative or affected workers Violence and Harassment plans must include a policy and procedures Policies and procedures must be reviewed with the HSC, HS representative or affected workers Violence and Harassment Prevention Policies *New

Each policy requires statements such as: A commitment to eliminating or controlling the hazard of violence and harassment Incidents will be investigated and employers will take corrective action A commitment to protecting private information, and Workers are not discouraged from other rights under the laws such as the Alberta Human Right Act Violence Prevention Procedures *New Violence Prevention procedures must include: Employer Measures to eliminate or control the hazard (in circumstances with the hazard cannot be eliminated)

Information about the nature and extent of the hazard of violence A procedure for disclosing information, documenting and investigating an incident and implementing measures to eliminate or control the hazard A procedure (in line with the established policy) for disclosing investigation results and corrective action taken to affected parties Worker The procedure to obtain immediate assistance when an incident of violence occurs The procedure to follow when reporting an incident Harassment Prevention Procedures *New Violence Prevention procedures must include: Worker The procedure to follow when reporting harassment Employer A procedure for documenting, investigating and implementing controls to prevent harassment

A procedure (in line with the established policy) for disclosing investigation results and corrective action taken to affected parties Training *New Employers must ensure workers are trained in: Recognition of harassment and violence Policies and procedures and developed workplace arrangements Incident response including procedures for obtaining assistance Procedures for documenting, investigating and reporting incidents Treatment *New

Employers must advise a worker reporting an injury or adverse symptom resulting from an incident of violence or harassment to consult a health professional of the workers choice for treatment or referral If a worker receives treatment for work related violence or harassment, the employer must not make a deduction from the worker's pay or benefits for the time during which a worker attends the treatment session OHS Code Part 27 Changes *New In response to incidents at Fuel and Convenience Stores, an Act to Protect Gas and Convenience Store Workers was enacted prompting changes to Part 27 of the Code as follows: A violence prevention plan, with prescribed elements is required Workers must be trained on the plan Workers who work alone must use a personal emergency

transmitter Customers must pre-pay for fuel (alternatives my be approved by a statutory Director) HSC and Representative *New Joint Work Site Health and Safety Committee Health and Safety Representative Required for workplaces Required for workplaces (projects) with 20 or more workers where the work will last for 90 days or

more (projects) with 5-19 workers where the work will last for 90 days or more Training required for HSC Training required for HS co-chairs (up to 2 days permitted) representative similar to HSC requirements Examples: Do I Need an HSC or HS representative?

EXAMPLE EMPLOYER WITH: HSC OR HS REPRESENTATIVE? 50 workers at 1 location 1 Committee 60 workers evenly distributed across 3 work sites 3 Committees 60 workers evenly distributed across 10 work sites 10 HS representatives

5 000 workers at 10 locations, more 10 committees, 1 at each work Employers of any size are required the health and safety of all than 20 workers at each locationto protectsite parties at their work sites. All workers, regardless of work site size, have health and safety rights and obligations Scenarios For a static site with 45 employees, operational for more than 90 daysis there a requirement for a HSC or HS Representative? For a company with 45 employees working across 3 sites

20 workers at site A, 15 at site B, 10 at site C, each site operational for more than 90 daysis there a requirement for a HSC or HS Representative? HSC and HS representative Duties *New Address worker health and safety concerns and complaints Participate in work site hazard identification, regular inspections, incident investigations Work site inspections must occur at least once before each quarterly meeting Develop and promote measures to protect worker health and safety and check effectiveness of the measures

*HS (in Develop and promote programs for OHS educationrepresentatives and information cooperation with Make recommendations respecting OHS the employer) perform the same Maintain records of activities and meetings duties (with Cooperate with an OHS officer necessary modifications) HSC Membership *New If required, the HSC must: Consist of 4 persons min., at least must represent workers (not associated with management of the work site)

*HSC and HS representative(s) Appointed with any union agreements in place, or NAMES must be Selected by the workers they represent posted conspicuously at Have 2 co-chairs, alternating as chair between meetings every work site represented 1 chosen by employer members 1 chosen by worker members HSC Membership Contd *New Term of Office Office must held for 1 year minimum and until successors are selected/appointed or as per union agreement

Inspection of Work Site with Officer OHS Officers may require HSC Co-chairs or designates (or HS representative, as applicable) to be present during site inspections Employers must provide that person with time away to attend the inspection HSC Meetings *New *Employer and Meetings must: HS Meet within 10 days from committee establishment, and representative( s) must meet Be held at least quarterly regularly to discuss health

Be held during normal work hours and safety Meet Quorum (i.e. of members must be present and must matters represent workers) Meeting minutes must be kept and provided to the employer within 7 days of the meeting and posted (or provided electronically) at the work site within 7 days HSC and HS representative Training *New HSC co-chairs and HS representatives must be given training about duties and functions of a HSC or HS representative Time away for training (programs, seminars or

*HSC member and instruction) must be provided: HS representatives are entitled to pay Upon receiving reasonable notice for times away to: For 16 hours or the Duration of 2 worker shifts Only organizations, designated by the Minister,

carry out their (whichever is greater) may provide HSC co-chairs, members or HS representative(s) required training The Minister will establish curriculum criteria duties, or to attend training HSC Terms of Reference *New The HSC terms of reference must include: Representation of health and safety concerns by the membership Process for replacing a member during their term Dispute resolution process when a committee fails to reach a consensus on making a recommendation to the employer/prime

contractor/owner Process for coordinating with other HSC established by the employer Working with other Work Site Parties *New Employers, contractors and prime contractors must Consult and cooperate with established HSC and HS representative to develop policies, procedures and codes of practice Provide HSC members and HS representative with reasonable opportunity to inform worker on OHS matters Ensure HSC and HS representative can examine records, policies, plans, procedures, codes of practice, reports and/or manufacturer specifications, as needed Distribute to HSC and HS representative any information or documents

addressed to them as soon as reasonably practicable HSC, HS representative and the Employer or Prime Contractor *New When the HSC or HS representative makes a recommendation to remedy an OHS matter, the employer/prime contractor: Must resolve the matter within 30 days, or Respond in writing how and when the concern will be addressed, or Provide reasons for not addressing the matter if the employer/prime contractor disagrees with the recommendation If the matter cannot be resolved, any of the parties can refer it

to an OHS officer for resolution HSC or HS representative Alternative Measures: Approval and Decision Process *New APPROVAL PROCESS: The employer must provide: DECISION PROCESS: Criteria for determination: Name and contact information Information provided by the employer

Number of workers at work sites Effect the approval could have on the Type and nature of work health and safety of a worker or other person Number and nature of injuries/incidents reported and investigated during the past year Relevant history of compliance or non- Proposed procedure for workers to communicate compliance with OHS legislation issues

Proposed alternative to HSC or HS representative Proposed work site inspection schedule Documentation showing worker support Other criteria considered appropriate If an approval is issued, any changes to the information must be disclosed, in writing, to the Director. * Approvals are typically written for 5 years Health and Safety Program *New Employers with 20 or more workers must establish and implement a health and safety program, in consultation with their HSC

Required program elements: OHS policy Process for OHS issues Hazard assessment Orientation and training Emergency response Incident investigation Responsibility statements (work Worker participation site parties)

Smaller workplaces must involve workers in hazard assessment Inspections Review/revision every 3 years completion and identification of controls Incident Reporting to OHS Employers/prime contractors must report serious injuries and incidents including:

Worker fatalities Worker hospitalizations *new Explosion, fire, or flood that has potential to cause serious injury Collapse of crane, derrick or hoist Potential is based on a hazard assessment and work practices used at the work site Collapse or failure of building or structure Significant mining incidents (ground fall, ventilation failure, out of control vehicle, fire, serious electrical failure hoist or shaft failure, dam failure, other emergency) Incidents with potential to cause serious injury (PSI) must be reported *new Potential physical/psychological injuries are included and incidents that caused an injury that did not result in admission to hospital

INJURIES THAT ARE BEYOND 1ST AID THAT OCCUR AT A WORK SITE SHOULD BE REPORTED Medical Assessment Examination used to determine extent of injury or presence of occupational disease Requires worker consent and is considered time AT work *New Health care professionals must report notifiable occupational diseases to the Director of Medical Services Report of medical exam must be included as well as any other related information on request Director of Medical Services may access information to prevent occupational injury and disease *New Enforcement and Compliance Enforcement Tools

Compliance Orders Description Order to remedy unhealthy/unsafe condition Must identify contravened provision of legislation *new State reasons for order*new Require corrective measures within specific time period (OHS officer may extend time period for compliance) Order remains until compliance is achieved or is withdrawn (by officer) or revoked on review or appeal

Stop Work OHS officer determines there is a danger to health and safety * can stop work, any part of the work, clear work site and require measures to remove source of danger May be issued on multiple work sites of an employer *new Stop Use OHS officer determines equipment is not safe or a harmful substance is not safe to use * equipment (subject to order) may not be sold/rented/leased/transferred Report on Compliance

Person who received an order must: Report to the OHS Officer on measures taken (or planned to be taken) to remedy the contravention within 7 days of compliance date specified in the order Provide a copy of the report to the HSC or HS representative, if one exists Post the report at the work site Review of Orders Director of Inspections review *New A person receiving an order from an OHS officer can request a Director review (excludes discriminatory action orders)

Director is not required to hold a hearing Affected parties have the opportunity to provide submissions The Director must provide reasons for decisions made Decision may confirm, vary or revoke the order or decision or a new order may be issued Director may also refer the matter to the Labour Relations Board (LRB) Appeal of Orders Alberta labour Relations Board (*New) appeals Appeals of order or [decision by Director of Inspection *new], discriminatory action orders, cancellation of a licence or administrative penalties heard by the LRB LRD may reject matter when it determines the matter is without merit LRB conducts a hearing LRB may confirm, vary or revoke an order or decision LRD hearing appeals as of Dec. 15, 2017

Enforcement Tools Administrative Penalty Can be issued by an officer when there is a: Contravention of OHS legislation Failure to comply with an order made Failure to comply with a term, condition or requirement of an acceptance Failure to comply with a term, condition or requirement of an approval False statement or false or misleading information given to an OHS officer *new Administrative Penalties are typically used for repeat non-compliance Acceptances / Approvals ACCEPTANCE

APPROVAL Director may issue acceptance for Director may issue an approval for an alternative approach to achieving work procedures, standards, compliance with OHS requirements equipment and training, and set out if the Director is satisfied the terms and conditions for the alternative provides equal or greater approval protection The Director will, as appropriate, Acceptance may contain terms and ensure consultation with HSC, HS conditions representative or workers and other

Director is required to ensure affected parties consultation with HSC of HS Approval has 5 year time limit representative, or workers and other affected parties *new Acceptance has 5 year time limit *new Interjurisdictional Recognition and Licences Interjurisdictional recognition *New A Director may recognize an alternate standard or equipment that complies with OHS requirement in another jurisdiction if that standard or equipment provides equal or better protection to workers Interjurisdictional recognition has a time limit of up to 5 years

Licences A Director may issue a licence in accordance with the regulation or OHS Code A Director may cancel or suspend a licence Court Powers Offenses and Penalties Penalties 1st Offense 2nd or Subsequent Offense or Failure to comply with stop work order

Fine not more than $500 000 and for a continuing offence, a further fine of not more than $30 000/day offence continues Imprisonment for up to 6 months Fine not more than $1 000 000 for a continuing offence, a further fine of not more than $60 000/day offence continues Imprisonment for up to 12 months Additional court powers to make decisions Expands the range of creative sentencing options available and allows the court to provide oversight *New Duty to Provide OHS Information *New

Health and Safety Information Defined information that may affect the health and safety of a person on a work site (excludes personal or confidential proprietary information) Employer makes OHS info. readily available to HSC, HS representative or workers and the prime contractor Employer makes OHS legislation readily available Prime contractor provides OHS information to all applicable work site parties Owner provides OHS information to workers, employers and other parties working on the property Supplier provides manufacturers specifications and instructions for equipment and harmful substances OHS reports, plans or procedures are in writing and readily available OHS orders or notices are posted or readily available

HSC minutes are posted or readily available Information Collection & Exchange *New Agreements for Research and Educational Programs Exchange of Information Publication of Information about Employers Expands the ability for Allows Alberta Labour to Requires Government to government to enter into share data with other

publish information information-sharing government bodies, (statistics, orders, agreements with a wider agencies, and external administrative penalties, range or parties *New organizations beyond acceptance and Funded organizations - WCB funded submit WCB health and safety organizations approvals must issued) at report to the Minister annually *New regular intervals Designated organization Government may designate organizations to further OHS

*New Furthering OHS Government may establish and carry out programs to further OHS OHS Advisory Council (OHSAC) Minister must appoint the OHS Advisory Council Equal representation (employer/worker/OHS professionals) required *new Council provides OHS advice and recommendations to Minister Council reviews the OHS Act and administration at the Ministers request *new The Minister is responsible for making the OHS Code *new The Alberta Labour Relations Board is responsible for OHS Appeals *new Minister, OHS Directors, Officers Responsibilities/Duties MINISTER *new OHS and maintenance of

standards Administration of OHS legislation OHS review every 5 years Publish annual 3 year regulation and code review plan Consult with workers and employers to recommend change to reg.s/code Ensure OHS info/advise is OHS DIRECTORS OHS OFFICERS *new Issue acceptances/approvals Carry out inspections, investigations, inquiries and out tests needed to

Issue director orders re: determine compliance with code of practice/workplace the OHS legislation inspection, etc. Compel a person to provide info. needed to perform duties or exercise their authority under the OHS legislation *new Has OHS officer powers as Investigate work refusals Investigate discriminatory action complaints Take steps to ensure

Powers of OHS Officers Enter any workplace and conduct an inspection or investigation If workplace is a private dwelling, OHS officer may only enter with consent of resident or if authorized by a provincial court judge *new Examine OHS related records Require and be provided with reasonable assistance Inspect or take samples of material, product, equipment Make tests, take photos, measurements or recordings Require demonstration of machinery and equipment *updated

Interview and take statements Request HSC co-chairs or designates, or HS representative to accompany officer during inspection *New Investigate injuries or incidents at a workplace Require witnesses (to injury or incident) to provide information WHMIS *New Federal WHMIS legislation was changed in 2015 Alberta requirements for WHMIS are specified in Part 29 of the OHS Code Changes to WHMIS (i.e. WHMIS 2015) in Part 29, align Alberta with the rest of Canada

Administrative Amendments *New Repeal of provisions in the OHS Regulation and Code that were moved to the new OHS Act, such as definitions Changes to ensure consistency with terminology and context in the OHS Act as well as ensuring language aligns with the new provisions Amending provision for acceptance and approvals to align with sections 55 and 56 of the OHS Act (for example, some existing approvals are now acceptances)

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